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If employee has consumed more than their pro-rated entitlement for Government-Paid Childcare Leave (GPCL), what should the employer do?

Updated by MSF

The approach depends on the specific scenario. Please refer to the table below for an example of employee who is entitled to 5 days of pro-rated entitlement for GPCL:

For 1st Employer

Scenario

Possible actions for 1st Employer

Employee leaving/left:

  • Has taken 5 days of GPCL in accordance with Employee’s statutory pro-rated entitlement

  • Employer may submit claims for Government’s reimbursement in accordance with Employee’s statutory pro-rated entitlement (i.e. Government will reimburse for the 4th and 5th day of the GPCL, capped at $500 per day or a total of $1,500 in any calendar year)

Employee leaving/left

  • Has taken all 6 days

  • Claim not submitted

  • Employer may submit claims for Government’s reimbursement in accordance with Employee’s statutory pro-rated entitlement (i.e. for the 4th and 5th day of the GPCL)

 

  • Employer may recover excess payment (i.e. for the 6th day of the GPCL) from Employee.

Employee leaving/left

  • Has taken all 6 days

  • Claim submitted for reimbursement of the 4th to 6th days of GPCL (i.e. 3 days of GPCL).

  • Employer to return Government’s reimbursement for any excess GPCL claimed beyond the statutory pro-rated entitlement (i.e. for the 6th day of the GPCL).

 

  • Employer may recover excess payment (i.e. for the 6th day of the GPCL) from Employee. (No recovery is allowed unless reimbursement is being returned to the Government.)

 

For 2nd Employer

  • Can only claim remaining days after 1st employer's claim

  • May also recover excess leave from employee if over-granted

 

Recovery Methods

  1. Recover from salary

  2. Offset by annual leave

  3. Offset by unpaid leave

Topics:

Government-Paid Leave SchemesTermination of Employment

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